City suing to keep official's leave money

ALBUQUERQUE (KRQE) - As Albuquerque's chief hearing officer, Roberto Albertorio received a $105,000 salary from the city while by ordinance, he had no direct supervision.

News 13 reported earlier this month that Albertorio used that lack of oversight to run a private law office out of his city office, working as a private attorney on the taxpayer's dime and the city's time.

In addition to earning a six-figure salary, Albertorio also banked about nine months of vacation and sick time, worth approximately $85,000, during his 24 years as a city employee before he resigned on Friday.

It's leave the city says Albertorio should have used while he was working his second job.

"[That leave] should've been used when he was engaged in outside business and private practice," said Rob Perry, Albuquerque's chief administrative officer.

So instead of paying that money out, Perry says the city will sue Albertorio and put that money in an escrow account while a district court judge determines just how much of that Albertorio owes them.

"It's our responsibility to show that he was not at work when he should've been hence he shouldn't have been accruing these vacation and sick leave hours," Perry said.

Meanwhile, Perry says the mayor's office wants Albertorio's old position moved under the supervision of the city clerk to keep this problem from happening again.

Albertorio did not return phone calls requesting comment.

One of Albertorio's employees, hearing officer Anita Reina, also resigned after a Larry Barker investigation found she was working as a judge for San Felipe Pueblo during city hours. A city spokesperson says they will not go after Reina's leave because she got approval from Albertorio.